Man sentenced for sex with girl, 12

HIV-positive defendant from Bath gets 15-40 years. Judge calls him remorseless and a danger

March 19, 2010|By Riley Yates | OF THE MORNING CALL

An HIV-positive man convicted of having unprotected sex with a 12-year-old girl said he plans to appeal. He said he will report the authorities he believes railroaded him. And he said he will continue to stand up for himself, even if alone.

One thing Shaun P. Austin didn't say: Sorry.

''You've shown no remorse,'' Northampton County Judge Edward Smith told Austin, 25, formerly of Bath. ''I'm not even certain you have the ability to appreciate at this point the wrongfulness and immorality of your conduct.''

Calling Austin a ''clear and present danger,'' Smith on Thursday sentenced him to 15 to 40 years in state prison for repeatedly having sex with the Northampton girl in late 2007 and early 2008.

That's in addition to the 72 to 192 years Austin is already serving for possessing child pornography -- a virtual life sentence Smith decided in December, when he said Austin is a hopeless predator who will never be rehabilitated.

Austin was convicted of 96 child porn counts at a September trial in which explicit videos and photos seized from Austin were shown to jurors one by one.

In December, another jury found him guilty of rape of a child, involuntary deviate sexual intercourse and related offenses after the girl, now 15, testified to sexual encounters with Austin at her friend's home, her own house and at Austin's E. Main Street apartment in Bath.

At Thursday's sentencing, a psychologist for the defense said Austin is a paranoid psychotic, has borderline personality disorder, and has the maturity of a 15-year-old.

Dr. Frank Dattilio said Austin is in denial, including about the dangers his HIV poses for others. Austin's ''pervasive'' mental illness helps explain his crimes, Dattilio said.

''Had he not had this mental illness, or had he been treated consistently, we may not be here today,'' Dattilio said.

Assistant District Attorney Patricia Broscius asked for an even lengthier sentence than Smith gave, reading a letter from the victim's mother in court.

The mother said the girl was so traumatized by the trial that she ended up in a mental hospital and is now on daily medication.

''Please make sure that Austin never gets the chance to do this to another family,'' the mother asked.

In addressing the court, Austin struck themes he has raised throughout proceedings in his two trials. He criticized Smith, Broscius and others involved in the case, and highlighted the good deeds he said he did as an emergency medical technician and volunteer firefighter before his arrest.

''I have saved numerous lives,'' Austin said. ''I have helped protect people's property. I almost want to say, 'I've pulled miracles out of a hat.'''

After handing down his sentence, Smith also rejected a request by Austin's attorney, Eleanor Breslin, that he reconsider the penalty in the child porn case. Smith said he is convinced Austin should never be released from prison.